MOSES MURIIRA MAINGI,FRANCIS MUTUMA MAINGI & NAHASHON NDEREBA MAINGI V. MAINGI KAMURU & GEOFFREY MWIRIGI MAINGI PAUL

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court (Kasango, J.) dated 19^th March, 2010 wherein the appellants’ suit was dismissed for want of prosecution.

The genesis of this appeal arises from a family dispute over L.R. No. ABOTHUGUCHI/KATHERI/293 (suit property). The appellants are the 1^st respondent’s (deceased) sons and the 2^nd respondent’s step brothers. The appellants’ case was that the suit property was registered in the name of their father, the 1^st respondent, during the land adjudication process; and that it was held in trust for his family. Subsequently, on or about June, 1992 the deceased transferred the suit property to the 2^nd respondent. The appellants’ claimed that the said transfer was fraudulent and rendered them landless. Consequently, the appellants filed a suit in 1992 in the High Court against the deceased (1^st defendant therein) and the 2^nd respondent (2^nd defendant therein) seeking inter alia an order of cancellation of the said transfer, …